Make the situation quick, wanted my deck redecked and found a guy on craigslist that does it. His companies name is "brown can do" and he had been around for a long time and had done work for a family member several years ago. Anyway everything seemed legit.

With that said he came out to the house, he was a little rough dress wise but seemed to have his stuff together and at least talked the talk to make you feel better about it.

Said he would order the composite boards but needed a deposit for the materials ($2500)

I gave him the money and let me know a few days later than those boards were on backorder so I gave some other ideas and he has since not got back to me.

Here is the question ( I know I was a dumb ass for even giving him a deposit I get it) but I intentially didn't sign the check as my safety net and if he would have asked me about it I was going to tell him that as soon as I see an order I will sign it.

Needless to say he signed my check and cashed it and I have not hear from him since and its been a month.

Here is the question should I

1) Go to small claims court? he may not have a penny to piss in and would loose in a landslide

2) Go to my bank and tell them I didn't sign the check and see what happens from there?

I would be happy to make you a better deal. I can pm you my address and you can send me a check for 2K. I will show up and get it done after your check clears...LOL.

__________________
BTW, your draft input is reminiscent of a porn stars cock sucking gone wild video. Sure it's great when they open their mouths but the funk that drips out afterward nobody wants a part of[/quote]

Former credit manager here. You're not screwed at all. If you didn't sign that check, it's not a legal instrument, and therefore could not be cashed legally. Contact the fraud department within your bank first. Second call the police and file a criminal report if your bank tells you there is a signature on your check. Third call Phobia and have a professional job done at reasonable rates. Fourth ?????????????. Fifth profit!

Former credit manager here. You're not screwed at all. If you didn't sign that check, it's not a legal instrument, and therefore could not be cashed legally. Contact the fraud department within your bank first. Second call the police and file a criminal report if your bank tells you there is a signature on your check. Third call Phobia and have a professional job done at reasonable rates. Fourth ?????????????. Fifth profit!

Did OP happen to take a copy of the unsigned check before he tendered it? If so, I think he's in better shape than if he didn't.

__________________Meet the new boss same as the old boss.

BigChiefDave:"Anyone who thought we would only be in Iraq for a few years is either stoned or just stoopid."
"It is unknowable how long that conflict will last. It could last 6 days, 6 wks. I doubt 6 mths." Rummy 2/7/03

Doesn't matter. If he didn't sign it he is not responsible. His bank has it now and forgery paperwork is all that's required for his bank to refund him immediately.

Good to know.

__________________Meet the new boss same as the old boss.

BigChiefDave:"Anyone who thought we would only be in Iraq for a few years is either stoned or just stoopid."
"It is unknowable how long that conflict will last. It could last 6 days, 6 wks. I doubt 6 mths." Rummy 2/7/03